Barath v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-12-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.34228 of 2025 1.Barath 2.Prabakaran Petitioners Vs The State Represented by The Inspector of Police, Sathuvacheri Police Station, Vellore District.
Crime No.282 of 2025.
Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner in Crime No.282 of 2025 on the file of the respondent police. For Petitioner:
Mr.G.Nirmal Krishnan For Respondent:
Mr.A.Gopinath Government Advocate (Crl.side)
ORDER
The petitioners who were arrested and remanded to judicial
custody on 20.11.2025 for the alleged offence punishable under Sections 191(2), 191(3), 296(b), 118(1), 109(1) and 351(3) of BNS, in Crime No.282 of 2025, seeks bail.
2. The allegation against the petitioners is that due to previous enmity, the petitioners joined hands with other 8 accused and attacked the defacto complainant with a knife, causing severe injuries. Hence, the complaint was lodged and the petitioners were arrested.
3. The learned counsel appearing for the petitioners submitted that the petitioners are in judicial custody since 20.11.2025. He further submitted that the co-accused was released on bail by this Court. Hence, he prayed to grant bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted that the first petitioner is having one previous case and the second petitioner is having two previous cases pending against them and that investigation is still pending. Hence, he opposed to grant bail to the petitioner.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the submissions made by the learned counsel on
either side, the fact that the co-accused was released on bail by this Court in Crl.OP.No.33215 of 2025 dated 04.12.2025, though the petitioners are having previous cases and taking into account the period of their incarceration, this Court is inclined to grant bail to the petitioners on certain conditions.
7. Accordingly, the petitioners are ordered to be released on bail on her executing a separate bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate No.V, Vellore, and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation.
[c] the petitioners shall not abscond either
during investigation or trial;
[d] the petitioners shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
15.12.2025 drl
Note:
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.
To 1.The Judicial Magistrate No.V, Vellore.
2.The Inspector of Police, Sathuvacheri Police Station, Vellore District.
3.The Superintendent, Central Jail, Vellore.
4.The Public Prosecutor, High Court, Madras.
K.RAJASEKAR, J., drl CRL OP NO.34228 of 2025 15.12.2025